ALEC’s Freedom of Choice in Health Care Act, if passed by statute, can provide a state-level defense against ObamaCare’s excessive federal power. Particularly, the measure can provide standing to a state participating in current litigation against the federal individual mandate; allow a state to launch additional, 10th-Amendment-based litigation if the current lawsuits fail; and empower a state attorney general to litigate on behalf of individuals harmed by the mandate once it goes into effect in 2014.

If enacted as a constitutional amendment, ALEC’s Freedom of Choice in Health Care Act will not only help defend against the federal individual mandate as indicated above, but it will also prohibit a Canadian-style, single-payer system, which legislators in some states have been advocating even before ObamaCare. And if ObamaCare is repealed, it will also prevent a state-level requirement to purchase health insurance.